장애등급4급결정처분등취소
1. Of the instant lawsuit, the part of the claim for performance of a determination of class 3 of the disability grade is dismissed.
2. The plaintiff's remaining claims.
1. Details of the disposition;
A. On October 3, 200, the Plaintiff joined the National Pension Scheme as a workplace-based insured person on December 29, 2006 and lost its eligibility to join the National Pension Scheme on December 29, 2006, the Plaintiff joined the National Pension Scheme as a voluntarily insured person on November 9, 201 and maintained its eligibility until now.
B. On October 7, 2014, the Plaintiff applied for the payment of a disability pension to the Defendant on the both sides of the Machine Machine’.
On December 18, 2014, the defendant issued a disposition against the plaintiff on December 18, 2014 that "it falls under class 3 2 in light of the fact that at least 80 dB on each side and no response is made as a result of the brain-causing examination on December 2014, the defendant's degree of disability is recognized as being deducted because it is not recognized as having occurred during the subscription to the existing right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right
(hereinafter referred to as “instant disposition”)
C. On January 6, 2015, the Plaintiff filed a request for review with the Defendant, but was dismissed on February 12, 2015.
On March 11, 2015, the Plaintiff filed a request for reexamination with the Minister of Health and Welfare on March 11, 2015, but was dismissed on May 4, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Of the instant lawsuit, the Plaintiff filed a claim against the Defendant for a determination of disability grade 3 with respect to the claim for performance of a determination of disability grade. This is a kind of the so-called performance lawsuit that orders an administrative agency to perform a certain act. Article 4 of the Administrative Litigation Act only provides for a confirmation lawsuit such as revocation and invalidation as a type of appeal litigation, and a litigation for confirmation of illegality of omission, and does not provide for a lawsuit for performance of a duty. Thus, a lawsuit for performance of a duty is not allowed under the current Administrative Litigation Act.
(see, e.g., Supreme Court Decisions 92Nu1629, Nov. 10, 1992; 94Nu14018, Mar. 10, 1995). Accordingly, a determination of disability grade 3 in the instant lawsuit is rendered.